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Lloyd's Maritime Law Newsletter

The Apostolos K - Before Manfred W. Arnold, John F. Fitzsimmons and Harry Webber - 30 July 1984

The vessel Apostolos K was fixed for a trip time charter from New York/Philadelphia range to Colombia, with Laycan of September 18/20 1978. The vessel was delivered under the charter at 00 01 on 18 September 1978 at “Pilot Station New..
Online Published Date:  14 February 1985
Appeared in issue:  138 - 14 February 1985

Terkol Rederierne v. Petroleo Brasileiro S.A. and another (The Badagry) - Court of Appeal (Sir John Donaldson M.R., Lloyd L.J. and Sir John Megaw) - 5 February 1985

The vessel Badagry was time-chartered for 8 years under a charterparty containing a substitution clause: - 33. Owners have the option to substitute the vessel with a similar vessel type/size during the period of this charterparty. - About..
Online Published Date:  14 February 1985
Appeared in issue:  138 - 14 February 1985

Republic of Liberia and another v. Gulf Oceanic Inc. and others - Court of Appeal (Oliver and Neill L.JJ.) - 7 February 1985

LPRC entered into a contract of affreightment with GOI. The contract was governed by English law and incorporated an arbitration clause. Disputes arose under the contract and GOI invoked the arbitration clause. GOI did not proceed against LPRC..
Online Published Date:  14 February 1985
Appeared in issue:  138 - 14 February 1985

The Vanessa Ann - Q.B.D. (Adm.Ct.) (Staughton J.) - 1 February 1985

A dispute arose between the co-owners of the vessel Vanessa Ann . The plaintiff, one of the co-owners, commenced proceedings in the Admiralty Court and arrested the ship. The defendants applied for the vessel to be released. They argued that since..
Online Published Date:  14 February 1985
Appeared in issue:  138 - 14 February 1985

The Indian Fortune - Q.B.D. (Adm.Ct.) (Sheen J.) - 1 February 1985

The plaintiff cargo insurers brought a cargo claim against shipowners in England under a bill of lading which provided that any dispute should be litigated in the courts of India. The defendants applied for a stay. One of the points made by the..
Online Published Date:  14 February 1985
Appeared in issue:  138 - 14 February 1985

Euromarine International of Mauren v. The Ship Berg and Others - 1984 (4) S.A. 647 (N.P.D.)

The applicant, a foreign company, alleged a claim against the vessel Pericles , owned by A (a Panamanian company), arising out of a time charterparty. The applicant alleged that because of the un-seaworthiness and defective state of the Pericles ,..
Online Published Date:  14 February 1985
Appeared in issue:  138 - 14 February 1985

The Tilia Gorthon - Q.B.D. (Adm.Ct.) (Sheen J.) - 19 February 1985

The vessel Tilia Gorthon was carrying a deck cargo of timber across the Atlantic in October 1979 from Canada to England. She encountered storm force winds, during the course of which most of the deck cargo was washed overboard. The plaintiff cargo..
Online Published Date:  28 February 1985
Appeared in issue:  139 - 28 February 1985

The Barenbels - Court of Appeal (Griffiths, Robert Goff and Browne-Wilkinson L.JJ.) - 12 February 1985

The vessel Barenbels was sold to the plaintiff buyers under a contract of sale on the Norwegian Saleform. Clause 9 provided: The sellers guarantee that the vessel, at the time of delivery, is free from all encumbrances and maritime liens or any..
Online Published Date:  28 February 1985
Appeared in issue:  139 - 28 February 1985

R. v. Yates-Johnson - Court-Martial Appeal Court (May L.J. Sheen and McCowan JJ.) - 11 December 1984

In February 1984 HMS Fearless , an Assault Ship of the Royal Navy, collided with a merchant vessel off Portland harbour. The Commanding Officer and Officer of the Watch of Fearless were court-martialled for negligently causing or allowing the ship..
Online Published Date:  28 February 1985
Appeared in issue:  139 - 28 February 1985

The Daien Maru No 18 - Singapore High Court (Thean J.)

On 20 March 1984 the defendant owners of the vessel Daien Maru No. 18 commenced an action in Admiralty against the charterers of the vessel, claiming inter alia possession of the vessel. The owners arrested the vessel on the same day. Six days..
Online Published Date:  28 February 1985
Appeared in issue:  139 - 28 February 1985

4/85

The vessel was voyage-chartered under the Synacomex form as amended for the carriage of barley in bags. An issue arose as to whether deadfreight was payable. The relevant term of the charterparty was: And there load . . . a full and complete cargo..
Online Published Date:  28 February 1985
Appeared in issue:  139 - 28 February 1985

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